Category Archives: Property Rights

More anti-libertarian nonsense: libertarianism failed African-Americans

TAMPA, April 6, 2013 ― If my colleague Chris Ladd had written the usual, libertarians-are-racists screed, it would be unworthy of a response. But he didn’t. In fact, his piece “How Libertarianism failed African Americans” is a thoughtful and philosophically consistent argument that clearly disclaims any accusation that libertarianism is inherently racist.

But it’s still nonsense. That it is eloquently stated makes it all the more harmful.

Ladd’s premise is that racism and Jim Crow presented libertarianism with a dilemma. Libertarians oppose all government interference with freedom of association and free markets, but blacks were being “oppressed” by the voluntary choices of white people not to serve them. Therefore, libertarians had to choose between staying true to their principles or supporting the Civil Rights Act of 1964, which meant granting the federal government the power to override private decisions.

Most libertarians don’t oppose most sections of the Act, which prohibit governments from discriminating. They oppose those sections which allow the federal government to prohibit private decisions based upon race. Ladd recognizes this distinction, claiming “African Americans repression rose not only from government, but from the culture and personal choices of their white neighbors.”

First, Ladd’s history is completely wrong. Like many conservatives and liberals, Ladd sees libertarianism as a subset of conservatism, an “extreme” version of the conservative philosophy which supposedly advocates a market economy. For him, libertarianism traces back only as far as Barry Goldwater and became an independent movement in the early 1970’s when anti-war conservatives formed the Libertarian Party.

Libertarianism does not follow at all from conservatism. It is the philosophical child of classical liberalism, which struck an uneasy alliance with conservatism during a few, short periods in the 20th century, after the liberal movement completely abandoned individual liberty. The so-called “Old Right” should really be called the “Middle Right,” because conservatism has meant bigger, more interventionist government for most of American (and world) history.

Conservatives throughout history have favored an all-powerful government, usually aligned with a state religion, because they perceive man as Thomas Hobbes did. Man’s natural inclinations are so depraved that only a government that “keeps him in awe” can counter the natural state of “war of everyone against everyone.” Left to his own voluntary choices, man will always attack his neighbors, break his contracts with them, steal their property and oppress them.

Libertarians see the nature of man the way John Locke did. Locke recognized that man was capable of both good and evil. His natural state is a state of reason, but he will sometimes abandon reason and aggress against his neighbor. Government power should be limited to defending individual rights when one person or group aggresses against another.

During the early American republic, this was the central conflict in American politics. The conservatives at that time were Alexander Hamilton and his Federalists. Jefferson and his Democratic-Republicans were what we today would call “libertarians.” They are the true origin of the American libertarian movement.

Whenever asked about the proper role of government, Jefferson articulated the basic premise of libertarianism. “No man has a natural right to commit aggression against the equal rights of another and this is all from which the laws ought to restrain him.”

To refuse to sell your product to someone is not aggression and therefore beyond the authority of government, according to this theory. But libertarians find racism and segregation as distasteful as everyone else. Is there really a dilemma here?

Ladd’s argument proceeds from the conservative view of man’s nature and the Hobbesian solution to deal with it. Ladd argues that segregation would never have ended in America if the federal government was not given the power to override the free choices of individuals.

Actually, both liberals and conservatives base their arguments for the Civil Rights Act’s power over private decisions upon this assumption. While it may sound reasonable to the uncritical ear, it cannot withstand inquiry by the mind, because it begs an obvious question:

If segregation was the result of the voluntary choices of private business owners, then why were Jim Crow laws necessary to force them to segregate?

The question answers itself. Obviously, there were at least some business owners who wanted to serve blacks equally with whites. Perhaps they were a majority, perhaps a minority, but enough wanted to do so that racist legislators had to pass laws to stop them.

In other words, the libertarian perception of reality is more accurate than the conservative or liberal.

So is the libertarian solution. What if the Civil Rights Act were more libertarian, prohibiting governments from being racist but leaving private decisions up to individuals? That question also answers itself. Some business owners would refuse to serve blacks and some would serve everyone. Some employers would hire the most talented employees and some would turn down superior black candidates because of their race.

Anyone who has ever run a business knows which group the market would allow to survive. The Civil Rights Act actually gives racists cover because it doesn’t let the market weed them out. It has also spawned a whole new set of reasons for racial resentment because of affirmative action and other derivative legislation. Like all government solutions, it produces more of whatever it “declares war on.”

Libertarianism didn’t fail African-Americans. Government did, as it has failed us all.

Libertarianism, anyone?

Tom Mullen is the author of Where Do Conservatives and Liberals Come From? And What Ever Happened to Life, Liberty and the Pursuit of Happiness? Part One and A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

Even libertarians wrong on Monsanto Protection Act

TAMPA, April 3, 2013 ― While the high priests in black robes were hearing arguments on gay marriage, President Obama quietly signed the continuing resolutions act that keeps the federal government operating in the absence of a budget. Buried inside the bill was language that has become notoriously known as “the Monsanto Protection Act.” The blogosphere exploded with cries of conspiracy, crony capitalism and corruption.

Liberals oppose the provision for the usual reasons: It lets a big corporation “run wild” without appropriate government oversight, free to (gasp!) make bigger profits on food. More thoughtful liberal arguments have suggested it may threaten the separation of powers by allowing the executive branch to override a decision by the judicial.

The lunatic fringe believes that Monsanto will control the world’s food supply through intellectual property laws and enslave us all, like the evil corporation did with oxygen in Total Recall. Of course, let’s not forget that old saying. “Just because I’m paranoid, it doesn’t mean they’re not out to get me.”

The liberal reaction to this bill and Monsanto’s activities in general is not surprising. It’s the libertarian reaction that’s surprising and disappointing. Even the Ron Paul crowd sounds like New Deal Democrats when it comes to this corporate farming giant.

They say that regardless of how much he supports the free market, everyone has that one issue that he is hopelessly socialist on. For some, it’s roads and so-called “infrastructure.” For others, it’s intellectual property. For Thomas Jefferson, it was education. Apparently, for libertarians it’s farming.

Now, if libertarians want to argue that corporations shouldn’t exist at all, that the privilege of limited liability violates individual rights and leads to market distortions, that regulating the markets only insulates large corporations from competition, that’s one thing. I’ve been there, written that.

But that’s not what libertarians are suggesting. Believe it or not, even supporters of Ron Paul are suggesting that new government regulations be passed requiring Monsanto to label its packaging to indicate whether there are genetically modified organisms (GMOs) among the contents. This is as unlibertarian as it gets.

There are legitimate concerns about whether GMOs represent a danger to the public. Certainly, each person has a right to refuse to consume them, but they don’t have a right to force Monsanto’s shareholders to label their own property. Neither do they have a right to interfere with consumers who voluntarily purchase that property from Monsanto without a label on it.

The libertarian answer is for those concerned about GMOs to refuse to purchase food that is not labeled to their satisfaction. The market already provides those alternatives. There is no substantive difference between the possible safety risks in Monsanto’s GMO food and those inherent in any other technology that legitimizes government regulation of voluntary activity. Either libertarians believe in the market or they don’t.

We’ve been told that the “Monsanto Protection Act” allows the executive branch to set aside court rulings, with the implication that the president or his Secretary of Agriculture can allow growers like Monsanto to keep growing and selling a particular product even after a judge orders them to stop. We’re led to believe that this would apply in a scenario where GMOs have been ruled to have caused death or illness and a court has ordered the grower to cease and desist to protect the public. But that’s not what the language says.

“SEC. 735. In the event that a determination of non-regulated status made pursuant to section 411 of the Plant Protection Act is or has been invalidated or vacated, the Secretary of Agriculture shall, notwithstanding any other provision of law, upon request by a farmer, grower, farm operator, or producer, immediately grant temporary permit(s) or temporary deregulation in part, subject to necessary and appropriate conditions consistent with section 411(a) or 412(c) of the Plant Protection Act, which interim conditions shall authorize the movement, introduction, continued cultivation, commercialization and other specifically enumerated activities and requirements …”

Section 411 of the Plant Protection Act deals with the regulation of “plant pests,” which are widely defined in the bill to include protozoans, bacteria, fungi, animals, and generic categories like “infectious agent or other pathogen.”

So, what are we really talking about here? A court case to determine if a regulation that shouldn’t even exist can be used to disrupt the otherwise legal operations of a company whose product has been identified by someone as a “plant pest.” Who would bring such a charge? Most likely a competitor or a left wing group that opposes and seeks to disrupt all for-profit activity. It’s Standard Oil and the Sherman Anti-Trust Act all over again.

Libertarians are usually good at separating their opposition to crony capitalism from their support of the free market. That’s why you’ll find them attacking large corporations one day and defending them the next.

That means that when corporations use the government for illegitimate advantages, as Monsanto has in seeking intellectual property rights in its GMOs, the libertarian response is to oppose intellectual property rights. It is not to empower the government to further regulate the market and violate property rights. If it is, then why was FDR and the New Deal wrong?

 
Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

 

More anti-libertarian nonsense: Libertarians are heartless

TAMPA, March 28, 2013 – This week’s anti-libertarian nonsense is “libertarians are heartless.”

There are many variations on this theme. Libertarians oppose government-run education so they must not want poor people to get an education. They oppose government-run healthcare so they must want poor, sick people to die. They oppose government-subsidized housing so they must want poor people to be homeless, too (if they aren’t already). Libertarians are selfish, amoral…You get it.

Libertarians also oppose state religions, but no one claims libertarians are against religion. I wonder why? It seems to follow.

The people who make these claims don’t understand what libertarianism is and don’t really understand the nature of government or their relationship to it, either.

Libertarians do not object to you helping the poor. They merely object to you forcing someone else to help the poor.

Libertarianism answers only one question: When is violence or threatening violence justified? The libertarian answer is only in self-defense. That includes defending your life from an immediate attack upon it or defending yourself against a previous theft of property or other crime.

This is where libertarians face reality and their opponents don’t. Libertarians understand all government action is violent action. That’s not because people in the government aren’t doing it right. It’s because that is what government is designed to be. Violence is its raison d’etre.

The philosophical justification for government in a free society is security. Because humans will sometimes invade the life, liberty or property of their neighbors (whether next door or in another country), there has to be some adequate means to force the perpetrator to cease his criminal activity and make restitution to his victim.

Government is supposedly the answer. Government is the pooled capacity for violence of everyone in the community. That’s all it is. That’s why Thomas Paine based his entire treatise Common Sense on one fundamental assumption:

“Society in every state is a blessing but government even in its best state is but a necessary evil; in its worst state an intolerable one;”

Why an evil? Because it is an institution of violence, nothing more. This is a foundational American idea. It is the reason for the entire Bill of Rights. Government must not be allowed to suppress speech because offensive speech does not justify violence. Government may not prohibit the keeping and bearing of arms because merely possessing arms does not justify violence against the possessor.

When intolerable? When it is used to initiate force, rather than respond to it. If one individual steals from another, the victim has a natural right to point a gun at the thief and demand his property back. In society, the individual supposedly delegates this power and the government points the gun at the thief for him. Almost no one would consider this unjust.

But what if no crime has been committed? Suppose I knocked on your door and demanded money from you at gunpoint. Would you drop the charges against me if you found out I had taken your money and paid some anonymous stranger’s medical bills? Do you believe that is the best way for human beings to solve the problem that the stranger can’t afford to pay them?

Almost no one would answer either of those questions “yes.” Yet, there is absolutely no substantive difference between that scenario and a government-run healthcare program (or education, or housing…). The only superficial difference is a government official is holding the gun. But most Americans can’t see it and will actually argue with you that it isn’t there.

There is an easy way to find out. Simply refuse to cooperate. Deduct the amount you owe for Medicare from your tax return next month and include a note waiving any benefits from the program. Or deduct the amount of your property taxes that underwrite public education and Medicaid (which is most of the bill) and indicate you waive the right to utilize either.

What will happen next? You will get some “reminders” about the oversight in the mail, followed by increasingly threatening letters. Sooner or later, someone in a black robe will write on a piece of paper. Then, men with guns will show up at your door. Don’t believe me? Test my theory.

So what do libertarians really say that is supposedly selfish or amoral? That initiating force against people is wrong. Period. You are free to help other people who need it, but you cannot force your neighbors to do so under a threat of violence if they don’t. You may build schools and hospitals for the poor and ask for contributions for anyone you wish. You just can’t pull out a gun if they decline to participate.

At one time, Americans believed so strongly in this principle that they seceded from their country and formed a new one based upon it. Imagine if they reestablished it again.

Libertarianism anyone?

 

Tom Mullen is the author of Where Do Conservatives and Liberals Come From? And What Ever Happened to Life, Liberty and the Pursuit of Happiness? Part One and A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

Anti-libertarian nonsense: Those government roads

TAMPA, March 22, 2013 — Libertarians have to deal with a lot of nonsense when making their case. Invariably, if a libertarian suggests any reduction in the power of the state, he is regaled with this supposedly devastating rejoinder:

“So, I suppose I won’t see you driving on any of those government roads.”

There are many reasons to stomp on the stupid button. Here are just a few.

First, there is the implication that the libertarian is disingenuous or even ungrateful. He seeks to reduce the power and influence of the state, perhaps even (gasp!) lower taxes, yet still has the audacity to drive on the roads that the government provides.

This argument holds no water. After being forced to purchase a road whether he wishes to or not and being virtually prohibited from building his own, exactly why should the libertarian not use the road he has paid for? Where is the contradiction in pointing out that the government road he was forced to buy would have been cheaper and of higher quality if it were produced by the market? Exactly why is he disingenuous or ungrateful by suggesting that the next road be financed the same way as houses and factories?

Of course, if the government didn’t build the roads, they wouldn’t exist, right? The proponents of this farcical idea should read some American history. For much our first century, the chief domestic policy debate was over whether the government should be allowed to subsidize roads, and the government side lost. As Tom Dilorenzo writes in How Capitalism Saved America,

“But the fact is, most roads and canals were privately financed in the nineteenth century. Moreover, in virtually every instance in which state, local or federal government got involved in building roads and canals, the result was a financial debacle in which little or nothing was actually built and huge sums of taxpayer dollars were squandered or simply stolen.”

All of the heroes of that century were on the private road side. Jefferson, Madison, Monroe, and Jackson argued against government-subsidized roads. Alexander Hamilton, Henry Clay and finally Abraham Lincoln – the proponents of state capitalism and privileges for the wealthy – argued for them.

Regarding the sainted Mr. Lincoln, it is all but forgotten that the chief planks of his political platform were high protectionist tariffs, a national bank and “internal improvements,” which meant subsidies to private corporations for building roads and railroads. Lincoln was able to win the presidency because he was viewed as relatively moderate on abolishing slavery, which he repeatedly denied as his reason for waging the Civil War.

When the southern states seceded, they consistently cited this form of corporate welfare as chief among their grievances, along with their assertion that Lincoln would not enforce the fugitive slave provisions of the Constitution. As Georgia stated,

“The material prosperity of the North was greatly dependent on the Federal Government; that of the the South not at all. In the first years of the Republic the navigating, commercial, and manufacturing interests of the North began to seek profit and aggrandizement at the expense of the agricultural interests. Even the owners of fishing smacks sought and obtained bounties for pursuing their own business (which yet continue), and $500,000 is now paid them annually out of the Treasury.”

The only material difference between the U.S. Constitution and the Confederate constitution was the latter’s prohibition of “Congress to appropriate money for any internal improvement intended to facilitate commerce.” Unfortunately, both constitutions recognized the legitimacy of slavery at the time.

Yet, it is assumed that because the seceding states were so wrong on slavery that they must have been wrong about everything, including government roads. In fact, the libertarian who suggests that they may have been absolutely right on the latter issue is called a racist – or even a proponent of slavery!

The government hasn’t gotten any better at building roads since then. We’ve just grown accustomed to the higher cost and egregiously lower quality. I moved to the Tampa, FL area in 2004. The next year, an approximately 10-mile stretch of Route 301 went under construction for the purpose of widening the road. It was completed in 2011 – six years later.

Does anyone really believe that if a private owner was losing money for every day that the road was not operating at full capacity, that it would have taken that long or cost as much as it did?

That brings us to the last and most preposterous argument against privately financed roads, that they would no longer be “free.” Instead, evil capitalists would soak us for profit and make us pay for our “right” to travel on the roads.

Hopefully, the idea that government roads are “free” doesn’t require too much refutation. If you believe that all of those people in orange reflective vests are volunteers, I have some partially-hydrated Florida real estate to speak with you about. We pay a much higher price for government roads than we would if they were privately owned.

In fact, it’s the crony capitalists that benefit the most from government subsidized roads. Just ask yourself who benefits more from a new road being built – the everyday commuter or the corporate manufacturer of goods who can ship his products more cheaply? The road increases his profits and he gets the rube taxpayer to underwrite his capital investment in the name of “the public good.”

Tragically, it’s now the liberals who are the strongest proponents of government roads, forgetting that throughout the 19th century, it was the Democrats who opposed them and the Whigs/Republicans who supported them. Why? Because they were recognized for what they are – corporate welfare.

Government roads cost more than privately-built roads and enrich the few at the expense of the many. Today, we suffer in traffic jams due to perpetual road construction and pay through the nose for substandard products while big corporations and unions laugh all the way to the bank.

And in the comments below, someone will have read half of this article and conclude that I am a racist for writing it. That’s what substitutes for political debate in 21st century America.

Libertarianism anyone?

Tom Mullen is the author of Where Do Conservatives and Liberals Come From? And What Ever Happened to Life, Liberty and the Pursuit of Happiness? Part One and A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

Republicans as wrong as Democrats on Sandy Relief

TAMPA, January 5, 2013 – There is yet another faux debate raging in Congress. According to Fox News, the House and Senate have passed a $9.7 billion aid package for Sandy victims. Most Democrats and Republicans are calling for an additional $51 billion.

Some Republicans are dragging their feet.

It would be encouraging if even a single Republican articulated the principle at issue here, but none have. Republicans in Congress couldn’t find a principle if it were slid under their doors with envelopes full of lobbyist cash.

For the record, the principle is this: Citizens in Wyoming shouldn’t be taxed to rebuild the houses of other people in Wyoming, much less New York or New Jersey. This is another bedrock American principle that has completely vanished from the minds of most Americans.

Instead, Republicans object on the grounds that not all of the proposed funding is necessary for immediate relief. In fact, there is some considerable pork built into both the House and Senate versions of the bill, including “$150 million for fishery disasters in a range of states — including Alaska and Mississippi” and “nearly $45 million was included for work on NOAA’s hurricane reconnaissance aircraft.”

Rep. Tim Huelskamp voted against it, saying, “We have to talk seriously about offsets,” he said. “We can’t take $60 billion off budget, that’s my problem with it.”

The common sense and acknowledgement of reality are refreshing, but Huelskamp still avoids the main issue.

Property is a right, just like free speech. It was recognition of the right of each individual to keep the fruits of his own labor and dispose of them as he saw fit that made the United States the richest nation in the world, relatively overnight.

While the immediate cause for the outbreak of hostilities during the American Revolution was the British attempt to disarm the colonists, the long term cause was the British threat against property rights.

American schoolchildren are taught that the colonists’ only grievance was “taxation without representation.” That’s convenient for big government progressives on both sides of the aisle, because they can then say, “You are represented, so we can tax you however we please.”

Those schoolchildren are not taught that the colonists also did not want representation in the British Parliament. Jefferson said so in his Summary View of the Rights of British America. Benjamin Franklin was strictly instructed not to accept any deal with the British that involved colonial representation in Parliament.

The colonists wanted no part of any political system whereby they could be taxed and the money spent for the benefit of other parts of the empire. Representation in a Parliament where they were hopelessly outnumbered would only add the veneer of legitimacy to this armed theft.

The colonists opposed it enough to secede from the British Empire.

The Federalist Party sought to reestablish this system during the early republic. Alexander Hamilton’s program of high protectionist tariffs, “bounties (corporate welfare),” a central bank and a large, interventionist military establishment amounted to a reconstruction of the British system within the new American Republic.

The system was rejected again in 1800, this time by an election. The Federalists were thrown out and Jefferson and the Republicans were brought in. The property rights of the individual were the centerpiece of Jeffersonian republicanism. He said so in his first inaugural address and again in his second, reminding Americans that it was the government’s job to protect “that state of property, equal or unequal, which results to every man from his own industry, or that of his fathers.”

With the Jeffersonians in power, the federal government wasn’t even allowed to build roads.

If you’re wondering why modern Republicans don’t cite these foundational American principles, it’s because today’s Republicans did not emerge from the Jeffersonian tradition.

In fact, the party of Lincoln was born out of the remains of the Whigs, who advocated the exact same system as the Federalists. Lincoln said so himself while still a Whig.

“My politics are short and sweet, like the old woman’s dance. I am in favor of a National Bank. I am in favor of the Internal improvement system, and a high protective tariff. These are my sentiments and political principles. If elected I shall be thankful; and if not, it will be all the same.”

Lincoln’s policies as president were completely consistent with this statement. Lincoln and the Republicans never believed that the rights of the individual outweighed the needs of the collective. The Republican Party and the conservative philosophy that informs it have never been about limited government, individual liberty or property rights.

Throughout human history, conservatism has always been about big, all-powerful government and empire. That’s why no conservative ever takes a stand for the individual against law enforcement and never questions any act of the military, no matter how unnecessary or destructive.

Those few Republicans like Robert Taft, Barry Goldwater (sort of) and Ron Paul who championed the rights of individuals were the real “RINOs.” They were really disaffected classical liberals and libertarians with no other place to go once the Democratic Party went populist-socialist.

That’s where we are today. We are given a choice between empire and commune, fascism and socialism, right wing collectivism vs. left wing collectivism. Both sides believe that Americans can be taxed for anything that benefits the collective. Neither recognizes that individuals have a right not to be taxed for the benefit of other people.

That’s why we’re going down, just like the rest of the world.

Libertarianism, anyone?

Every law is a threat of violence

TAMPA, December 29, 2012 – The new U.S. Congress will convene on January 3rd with two high profile issues to consider. There is zero chance that they will get either one of them right. The debates on both are already framed into a lose-lose proposition for the American people, as are virtually all “debates” on Capitol Hill.

One issue is “How should the right to keep and bear arms be further infringed?” The other is “How much less of their own money should Americans be allowed to keep?”

With a more enlightened populace, there is always some chance that pressure on the legislators could produce a more positive result. However, the gullible American public has already taken the bait that “something must be done” on both issues. “Something” means Congress passing a law, which means the perceived problem will be solved with violence.

Every law is a threat of violence. Americans used to understand that. In their present condition, they are aware of little beyond football on Sunday and Dancing with the Stars during the week. Fat, progressive and stupid is no way to go through life, son.

Government itself is an institution of violence. That’s not an opinion. That’s what it is. That’s all it is. Governments are constituted for the express purpose of pooling the capacity for violence of every member of the community.

Every law promulgates human behavior that is mandated under the threat of violence. It either prohibits certain activity or requires certain activity. Failure to behave as the law proscribes results in violence against the transgressor. He is kidnapped at best, killed resisting at worst.

Putting aside the question of whether this power should ever be invested in a regional monopoly, every society must first answer the question of whether this power should be exercised by anyone at all. Is violence ever justified?

In a free society, there is only one circumstance under which it is. Violence is only justified as a reaction to aggression committed in the past. Murder, assault, and theft are all examples. These justify the use of force against the perpetrator. Consider this statement.

“You are prohibited from committing murder against your fellow citizen. If you do, we will kidnap you at best, kill you while resisting at worst.”

Sounds perfectly reasonable, doesn’t it? Substitute “theft” for “murder” and that doesn’t change. The use of force is morally justifiable as a reaction to aggression. This proceeds logically from each individual’s right to defend himself. Self-preservation is the first law of nature.

Now, consider this statement.

“If you do not pay the medical bills of perfect strangers whom you have never met and never contracted any financial liability to, we will kidnap you at best, kill you while resisting at worst.”

That doesn’t quite work, does it? In fact, once the veneer of legitimacy is removed, it is apparent to any lucid person that the lawmaker in this case is committing one of the chief crimes he was given his power to prohibit. It is no less armed robbery if you substitute the words “education,” “housing,” or “food” for “medical.”

Since it is an absurdity that inaction can amount to aggression, no just law can mandate human behavior. Only laws prohibiting certain behavior are justifiable, that behavior being limited to aggression against others.

That’s why Thomas Jefferson said, “No man has a natural right to commit aggression on the equal rights of another, and this is all from which the law ought to restrain him.”

That even this minimal government activity requires finances is the reason that Thomas Paine called government “a necessary evil.” Many libertarians believe he was only half right.

The Bill of Rights was an attempt to limit, interfere with and retard the government’s ability to do the only thing it is capable of doing: commit violence. Those amendments do not grant any rights. They prohibit government violence, regardless of the wishes of the majority. “Congress shall make no law…”

That’s also the purpose of all of the supposed “checks and balances” in the Constitution itself. The framers attempted to construct a government that was incapable of doing anything unless violence was truly justified.

The Constitution and Bill of Rights were written to protect us from democracy.

These ideas have completely vanished from the modern American ethos. Instead of viewing government as a last resort, to be utilized only against an aggressor who refuses to interact peacefully with his neighbors, it is viewed as the first solution to every societal problem, most of which were caused by government in the first place.

That most insipid of all clichés, “There oughta be a law” is properly translated as “We ought to solve this problem with violence.”

That is American society today. A century of “progressivism” has reduced the average American to an unthinking, violent brute. He is both tyrant and slave at the same time. He can conceive of no other happiness than the satisfaction of his appetites and infantile amusement from base entertainment. He reacts to any interruption of this passive existence by calling on the government to commit violence on his behalf.

In the name of freedom, he not only acquiesces to but demands his chains.

 

Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

 

The Newtown tragedy should not prompt a “national discussion”

TAMPA, Fl, December 26, 2012 ― Perhaps 21st century Americans are not worthy of liberty. Reason is a prequalification of liberty, and Americans don’t demonstrate the ability to exercise it at all, at least not in a political context. It may be time to admit that a century of “progressive” education has transformed Americans into a herd of dependent, unthinking sheep.

Any person capable of even the most elementary reasoning would immediately conclude that not only shouldn’t the Newtown tragedy prompt a national discussion, but that there is no such thing as a “national discussion” in the first place.

Do Americans really believe that the 300 million people occupying this nation are actually participating in a discussion?

During the Republican primaries, presidential candidate Newt Gingrich often referred to “having a conversation with the country.” I assumed that I was not alone in rolling my eyes. Any lucid person would assume that Gingrich was either delusional, insincere or both to even suggest that any “conversation” he could participate in actually involved the wishes or interests of every individual in the country.

If most Americans believe there is a “national conversation” going on about guns, a reason to have one or even the possibility that one could be had, we’re in deep trouble. This is all just a well-orchestrated show to herd Americans to a place where they will accept being disarmed without raising too much fuss.

The debate is already framed. “Something must be done.” Now “we’re” just bickering about what that will be.

Think for a moment how idiotic this is. It is suggested that we pass a law that affects 300 million people because of the actions of a solitary lunatic. It’s happened before? So what? You could fit every person that has committed a similar crime during the past fifty years into the kitchen of a Greenwich Village apartment. Somehow we’re to believe that the actions of these few have some relevance to the rights of hundreds of millions.

The math doesn’t work.

Yet, this is only a secondary and utilitarian argument for rejecting gun control. The most important is that keeping and bearing whatever arms one wishes is a right, not a privilege. It is not granted by the 2nd Amendment. That amendment merely attempts to ensure that the right it refers to is not violated by the government.

Read the rest of the article…

Merry Christmas: Mary gives birth to a great libertarian

TAMPA, December 24, 2012 ― It’s not a surprise that libertarian themes pervade many iconic Christmas specials. After all, they celebrate the birthday of one of the great libertarians of all time.

In the Gospels, government is exposed as evil right from Jesus’ birth. A paranoid Herod is willing to kill all of the babies in the kingdom to try to eliminate the perceived threat represented by Jesus.

Tax collectors are considered de facto sinners, on a par with prostitutes. Libertarians would consider this unfair to prostitutes, but for the times this couldn’t land better.

Jesus himself doesn’t disappoint, either. From the moment he begins his ministry, he wages a nonstop verbal war against the hypocritical, oppressive, tax-devouring Temple priests. Jews at the time were required to pay annual taxes to the priests and were also expected to come and make sacrifices at the Jerusalem Temple. To do so, they had to buy the livestock for the sacrifices from the priests and deal with the priests’ money changers.

That’s why the libertarian from Galilee kicked the money changers out. This would have been considered a revolutionary act.

One can’t help but equate Jerusalem at that time with Washington, DC, an entire city of tax-fed, opulent wealth.

Jesus has no patience for excessive regulation, either. When he encounters a Jewish law that does not address actual criminal activity, he encourages his followers to break it. When the meddling scribes confront Jesus with allowing his disciples to eat without washing their hands, Jesus lets loose with his customary anti-government invective, calling them hypocrites and then instructing “the people” to ignore this idiotic law and focus on not committing real crimes instead. (Mark 7:1-23)

Jesus doesn’t have much use for social conservatives, either. When they bring a woman who has committed adultery before him to be stoned, he shames them into letting her go (John 8:1-7). He does not condone her sin, nor imply that she may not be judged by God for it. He makes the distinction between those actions which constitute harm to other human beings and can therefore be punished by men and those which do not constitute harm and can only be judged by God.

Jesus shows no such objection to the law against theft, committed by the men crucified with him. Unlike adultery, this constitutes actual harm against the property of another. One of the thieves says that he is justifiably punished and Jesus does not contradict him. He offers forgiveness but not escape from punishment (Luke 23:40-43).

Michael Moore seems to think that Jesus’ message is inconsistent with free enterprise. Perhaps Mr. Moore should actually read the gospels. The heroes in most of Jesus’ parables are businessmen and property owners. The villains, like the evil vinedressers in Mark 12:1-12, are those looking for unearned wealth. The beauty of this story is that it affirms property ownership on the literal level and simultaneously represents a symbolic shot at the corrupt Temple priests.

The third steward of Matthew 25:14-30 is punished for not being a capitalist. Again, there is a symbolic meaning here, but Jesus chooses a free enterprise-friendly vehicle to convey his message.

While Jesus says that wealth can be a distraction, he unambiguously states that it is not a sin in and of itself. Jesus has many wealthy friends, including the wealthy women who support him and his disciples during his ministry (Luke 8:3). He does not consider them sinners as he does those who derive their wealth from taxation. If only today’s “liberals” would learn this distinction.

While Jesus often encourages people to voluntarily give to the poor, he never once implies that this should be accomplished by forced redistribution, especially through the Jewish government he spends the rest of the gospels criticizing.

Even during his passion, Jesus continues to make libertarians stand up and cheer. Anticipating the 5th Amendment by over 1700 years, Jesus refuses to talk to the cops or give evidence against himself. In John 18:20 he basically says, “If you have some proof, present it. You’re not getting anything from me.” He likewise refuses to talk to Pontius Pilate.

The result? Acquittal. Pilate “finds no case against this man.” Of course, both the Roman and the Jewish governments break their own laws and Jesus gets crucified anyway, providing another libertarian lesson about the moral character of most governments.

Whether they believe in God or not, all libertarians have good reason to celebrate the birth of Jesus Christ. If only more Americans would be Christ-like by holding the government in contempt, resisting its ridiculous edicts, rebelling against its wealth redistribution and honoring free enterprise, we’d all be a lot freer here in the “land of the free.”

And if we observed the one rule this great libertarian gave us on dealing with one another, “Do unto others as you would have them do unto you,” we’d live in a safer, more peaceful world.

Merry Christmas to all.

Tom Mullen is the author of Where Do Conservatives and Liberals Come From? And What Ever Happened to Life, Liberty and the Pursuit of Happiness? Part One and A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

But aren’t right-to-work laws also unjust?

TAMPA, December 13, 2012 ― As expected, the reaction to Monday’s column about Michigan’s right-to-work legislation inspired spirited discussion.

Weeding out both praise and invective that were unresponsive to my argument, there was a dissent that had merit. It was the libertarian argument that right-to-work laws also violate the rights of employers and employees to make a voluntary contract. An employer should be free to require membership in the union and/or payment of dues as a condition of employment.

Like most libertarians, I agree with that argument in principle, but one cannot evaluate right-to-work laws in a vacuum.

Right-to-work laws and the Taft-Hartley Act from which they proceed are wholly a reaction to the Wagner Act. The proponents of Taft-Hartley first tried to get the Wagner Act repealed. When the Supreme Court ruled Wagner constitutional, conservatives passed Taft-Hartley. If the Wagner Act were not already law, Taft-Hartley would be both unnecessary and unjust.

However, in the context of the Wagner act, neither is necessarily true. A brief allegory will illustrate.

Employer Smith sits down at the bargaining table with Union Jones. The two discuss potential terms of an employment contract, but are unable to reach an agreement. Jones wants more than Smith is willing or able to pay. Smith gets up to walk away.

Just then, Luca Brasi walks up and makes Smith “an offer he can’t refuse.” Brasi puts a gun to Smith’s head and invites him to sit back down, assuring him that at the end of the meeting, either his brains or his signature will be on a collective bargaining agreement.

Brasi is the Wagner Act.

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Michigan unions say no right to work

TAMPA, December 10, 2012 – Lansing, Michigan is bracing for an onslaught of protestors following Republican Governor Rick Snyder’s indication that he would sign “Right to Work” legislation currently making its way through the state legislature. President Obama and Harry Reid have both joined Michigan Democrats in denouncing the bill.

As usual, both liberals and conservatives are already demonstrating their skewed perception of reality in weighing in on this debate. President Obama told workers at an engine plant outside Detroit that “what we shouldn’t be doing is trying to take away your rights to bargain for better wages,” as if the law would do any such thing.

However, Harry Reid surpassed all in obtuseness when he called the legislation a “blatant attempt by Michigan Republicans to assault the collective bargaining process and undermine the standard of living it has helped foster.”

Perhaps the senator should ask the residents of Detroit, an entire city laid waste by New Deal union legislation, how they are enjoying the standard of living it has produced.

Libertarians haven’t been able to say this in quite a while, but the conservatives are mostly right on this one, although perhaps for the wrong reasons.

The only troubling sentiment coming from grassroots conservatives is the animosity towards labor unions themselves. Many seem to believe that the mere existence of labor unions causes economic distortions. Nothing could be further from the truth. Labor unions themselves are not the problem.

Like virtually all human misery, labor market distortions are caused by the government. Specifically in this case, they are rooted in the National Labor Relations Act of 1935 (a.k.a. the Wagner Act).

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